Library / Laws / 113th / s / S. 2604 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2604
IN THE SENATE OF THE UNITED STATES
July 15, 2014
Mr. Chambliss (for himself and Mr. Isakson) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To authorize the sale of certain National Forest System land in the State of Georgia.
1.
Short
title
This Act may be cited as
the Chattahoochee-Oconee National Forest Land Adjustment Act of 2014.
2.
Findings and
definition
(a)
Findings
Congress
finds that—
(1) certain National
Forest System land in the State of Georgia consists of isolated tracts
that are
inefficient to manage or have lost their principal value for National
Forest
purposes;
(2) the disposal of
that land would be in the public interest; and
(3) proceeds from the
sale of land authorized by this Act would be used best by the Forest
Service to
purchase land for National Forest purposes in the State of Georgia.
(b)
Definition of
Secretary
In this Act, the term Secretary means the
Secretary of Agriculture.
3.
Land conveyance
authority
(a)
In
general
The Secretary is authorized, under such terms and
conditions as the Secretary may prescribe to sell or
exchange
any or all rights, title, and interest of the United States in the
National Forest System land
described in subsection (b).
(b)
Land authorized
for disposal
(1)
In
general
The National Forest System land subject to sale or exchange
under this Act are 30 tracts of land totaling approximately 3,841 acres,
which
are generally depicted on 2 maps entitled Priority Land Adjustments,
State of Georgia, U.S. Forest Service–Southern Region, Oconee and
Chattahoochee
National
Forests, U.S. Congressional Districts–8, 9, 10 & 14 and dated September 24, 2013.
(2)
Maps
The
maps described in paragraph (1) shall be on file and available for public
inspection in the Office of the Forest Supervisor, Chattahoochee-Oconee
National Forest, until such time as the land is sold or exchanged.
(3)
Modification of
boundaries
The Secretary may modify the boundaries of the land
described in paragraph (1) based on land management considerations.
(c)
Form of
conveyance
(1)
Quitclaim
deed
The Secretary shall convey land sold under this Act by quitclaim
deed.
(2)
Reservations
The
Secretary may reserve any rights-of-way or other rights or interests in
land sold or exchanged under this Act that the Secretary considers
necessary for management purposes
or
to protect the public interest.
(d)
Valuation
(1)
Market
value
The Secretary may not sell or exchange land under this Act for less than market
value, as determined by appraisal or through competitive bid.
(2)
Appraisal
requirements
Any appraisal shall be—
(A) consistent with
the Uniform Appraisal Standards for Federal Land Acquisitions or the
Uniform
Standards of Professional Appraisal Practice; and
(B) subject to the
approval of the Secretary.
(e)
Consideration
(1)
Cash
Consideration
for a sale of land or equalization of an exchange shall be paid in cash.
(2)
Exchange
Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the
Secretary may accept a cash equalization payment in excess of 25 percent
of the
value of any land exchanged.
(f)
Method of
sale
(1)
Options
The
Secretary may sell land under subsection (a) at public or private
sale,
including competitive sale by auction, bid, or otherwise, in accordance
with
such terms, conditions, and procedures as the Secretary determines are in
the
best interest of the United States.
(2)
Solicitations
The
Secretary may—
(A) make public or
private solicitations for the sale or exchange of land authorized by this
Act;
and
(B) reject any offer
that the Secretary determines is not adequate or not in the public
interest.
(g)
Brokers
The
Secretary may—
(1) use brokers or
other third parties in the disposition of the land authorized by this Act;
and
(2) from the proceeds
of a sale, pay reasonable commissions or fees.
4.
Treatment of
proceeds
(a)
Deposit
The
Secretary shall deposit the proceeds of a sale authorized by this Act in
the
fund established under Public Law 90–171 (commonly known as the Sisk
Act) (16 U.S.C. 484a).
(b)
Availability
Subject to subsection (c), amounts
deposited under subsection (a) shall be available to the Secretary until
expended, without further appropriation, for the acquisition of land for
National Forest purposes in the State of Georgia.
(c)
Private property protection
Nothing in this Act authorizes the use of funds deposited under subsection (a) to be used to
acquire land without the written consent of the owner of the land.